(a) No owner, as defined by Section 1726.01(b), shall fail to obey any order issued pursuant to Toledo Municipal Code Part Seventeen Health Code.
(b) No owner, as defined by Section 1726.01(b), shall cause, permit, allow, maintain or fail to abate a public nuisance.
(c) No owner, as defined by Section 1726.01(b), shall knowingly transfer any interest in any premises which has been declared a public nuisance without first abating the nuisance or obtaining the written consent of the Director of the Department of Neighborhoods or his/her designee.
(d) In addition to any other penalty provided for in Chapter 963, Chapter 1393, Chapter 1725 or Chapter 1726, the Director of the Department of Neighborhoods or his/her designee may issue a Notice of Liability to the owner of the premises upon which any public nuisance exists or to the owner of any poster, sign, notice or device placed upon public or private property in violation of Chapter 963 or Chapter 1393, or to anyone found in violation of Chapter 1726 or Chapter 963, or any Rule of the Director of the Department of Neighborhoods.
Said notice shall describe the location and nature of the public nuisance or violation, the time and date it was observed and the fine assessed to the owner. No notice of liability may be issued to an owner more than once during any seventy-two (72) hour period for the same violation.
(1) The Notice of Liability shall be served upon the owner by first-class United States mail or by personal service.
(2) The following rebuttable presumptions shall apply to violations of this section.
A. The registered owner of a vehicle from which litter is thrown is presumed to be the person responsible for depositing the litter.
B. The person, firm, organization or company, identified by name or telephone number, on an illegally placed sign is presumed to have placed such sign illegally. Each such sign placed in violation of this section shall constitute a separate violation.
C. It is presumed that trash dumped or placed in violation of this Chapter was dumped or placed by a person, firm or organization whose name and address is found in such trash.
D. The owner of the premises whose name is listed in the records of the Lucas County Auditor is presumed to be the owner of said premises.
(3) Any owner charged with a Notice of Liability may appeal said notice as provided by Section 1726.04. The failure to file an appeal shall constitute a waiver of the right to contest and an admission of the Notice of Liability.
(e) [Schedule of fines relocated to Section 1726.99.]
(f) Signs placed along any street or boulevard in the public right of way calling attention to a real estate agent's "open house," a residential garage sale, yard sale or private party or event shall not constitute a violation of Sections 963.19 or 1393.07 of the Municipal Code so long as such signs are in place less than seventy-two (72) hours and are removed within twenty-four (24) hours of the end of the event. This exception shall not permit the posting of signs that are otherwise prohibited on public utility poles.
(Ord. 132-15. Passed 3-31-15.)